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The case in question was transferred from Special Judge (PC Act) Jagdish Kumar to Special Judge (PC Act) Mukesh Kumar. The transfer was done by the District & Sessions Judge at Rouse Avenue Court on May 1 after accused Ajay S Mittal filed a plea for the same.
It was Mittal’s case that his bail plea was listed for hearing before Judge Jagdish Kumar on April 10. On that date, the counsel sought time to prepare for arguments and the matter was adjourned to April 25.
Mittal’s wife (also an accused in the case) was watching the proceedings, and once the counsel left the courtroom, the judge could be heard saying to the court staff, “lene do date, ED matters main kaun si bail hoti hai? (let them keep taking dates, where is the question of bail in ED cases?)”.
The District Judge allowed the plea and observed that Mittal’s apprehension of the judge’s “probable bias” in favour of the ED cannot be said to be misconceived or misplaced.
After the judge was transferred, the ED moved the High Court.
Source: Barandbench